Spellburg v. South Bay Realty, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
Plaintiff owns property on French Mountain in the Town of Queensbury, Warren County. Defendant Stranahan Industries, Inc. owned property* abutting plaintiffs property and defendant Ralph Macchio owned property at the top of French Mountain. Defendant South Bay Realty, LLC is owned by Macchio. In 2004, plaintiff gave defendant David Stranahan, the acting president of Stranahan Industries, permission to cross over plaintiff’s property. Sometime thereafter, Stranahan contacted Macchio and indicated that he had been contacted by John Barber of Evergreen Timber who wished to buy timber from…
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